Lawstreet Journal

Legal recognition of same-sex marriage, Delhi HC issues notice to Centre

Lawstreet Journal 7 Jul 2021 10:52pm

Image courtesy: Lawstreet Journal Judiciary Legal recognition of same-sex marriage, Delhi HC issues notice to Centre

On Tuesday(06/7/2021) The Delhi High Court issued notice to the Centre in a petition seeking a declaration that the right to legal recognition of same-sex marriage is a fundamental right under Articles 14, 15, 19 and 21 irrespective of a person’s gender, sex or sexual orientation.

The petition also sought to declare that a spouse of foreign origin of an Indian citizen or Overseas Citizen of India (OCI) cardholder is entitled to apply for registration as an OCI under the Citizenship Act regardless of the gender, sex or sexual orientation of the applicant spouse.Plea Filed by  Joydeep Sengupta, who is a Canadian citizen and an Overseas Citizen of India (OCI) cardholder, and his partner Russell Blaine Stephens, the petition has prayed for a declaration from the Court that "a spouse of foreign origin of an Indian Citizen or OCI cardholder is entitled to apply for registration as an OCI under the Citizenship Act regardless of the gender, sex or sexual orientation of the applicant spouse."

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh asked Centre and others to file a reply on the fresh petition and listed it for further hearing on August 27.

The fresh petition was filed by advocates Karuna Nundy with lawyers Ruchira Goel, Utsav Mukherjee, Ragini Nagpal and Abhay Chitravanshi.

Facts of the case

The petitioners are a married same-sex couple resident in Paris, France. They met in New York in 2001 and have been in a loving relationship for nearly… Continue Reading...


Tagged: Same Sex Marriage  
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